Edward E. Fu obtained summary judgment in favor of defendant automotive manufacturer in a product defense case. The plaintiff alleged that the defendant failed to repair an allegedly defective electrical system in a vehicle and brought claims under the Magnuson Moss Warranty Act and other state law claims for breach of implied warranty.
Plaintiff sought the diminished value of the vehicle, damages for aggravation and inconvenience and its attorneys’ fees under the Magnuson Moss Act.
After plaintiff rejected defendant’s attempts at early resolution, the automotive manufacturer defended against the claims.
Prior to trial, defendant filed a motion for summary judgment based on the plaintiff’s failure to provide defendant with a reasonable opportunity to cure any alleged defects and failed to comply with other warranty obligations.
The trial court agreed with defendant and granted summary judgment in favor of defendant on all claims.